HomeMy WebLinkAbout1997-01-27 City Council (6)TO:
FROM:
City
HONORABLE CITY COUNCIL
City of Palo Alto
CITY MANAGER DEPARTMENT: PUBLIC WORKS
1
AGENDA DATE:
SUBJECT:
JANUARY 27, 1997
APPROVAL OF INFRASTRUCTURE
SYSTEM - CONSULTANT AGREEMENT
CMR:119:97
MANAGEMENT
This is a request for approval of an agreement with Adamson Associates to assist staff in
.the implementation of part of Module I11- Parks and Open Space elements of the City’s
Infrastructure Management System (IMS) project.
RECOMMENDATIONS
Staff recommends that Council:
1.Approve and authorize the Mayor to execute the attached consultant agreement with
Adamson Associates in the amount of $52,500 for professional services.
Authorize the City Manager or her designee to negotiate and execute one or more
change orders to the consultant agreement with Adamson Associates; the total amount
of which change orders shall not exceed $5,000.
POLICY IMPLICATIONS
Approval of the agreement is consistent with the priority the Council has placed on
infrastructure needs.
EXECUTIVE SUMMARY
Council has identified as a priority the need to create an Infrastructure Management
System (IMS), in order to address the long-term infrastructure management needs of the
City. In 1995, staff issued the request for proposal (RFP) to 21 consulting firms for this
proj~t. A total of six firms submitted proposals. Adamson Associates was selected due
to their breadth of expertise, which is necessary to perform the services requested in the
scope of work. The RFP included the possible award of additional work conditioned upon
satisfactory completion of the Building Management System (BMS) Module I of the IMS.
The BMS Module I was satisfactorily completed and submitted for review to the Finance
Committee in November 1996. On January 13, 1997, Council approved the Finance
Committee recommendations regarding the BMS and directed staff to: 1) proceed with the
CMR:119:97 Page 1 of 3 ,"
initial exploration of the use of Certificates of Participation for the purpose of fast-tracking
the building program; and 2) explore the use of a Sinking Fund in the 1997-98 Budget.
Staff’s response to these Council directives will be the subject of a separate report.
The Traffic and Transportation Module II is scheduled for completion during the Spring
of 1997 and will be the subject of a separate report.
The purpose of the current project is to prepare a report similar to the BMS, but
specifically addressing the Parks and Open Space elements of Module Ill. The consultant
will work with staff to prepare an inventory of all Parks and Open Space components with
a capital value greater than $25,000.
Typical park components include irrigation systems, and turfed areas including athletic
fields, lighting, playground equipment, swimming pools, paths, park furniture and
hardscape areas such as tennis and basketball courts. Module Ill of the IMS will also
include a Technology element which will be the subject of a separate report. These
elements of Module [lI are scheduled for completion in the Fall of 1997.
Other City facilities, such as vehicle and pedestrian bridges and parking lots, are not
included in this Parks and Open Space study. These facilities will be investigated as part
of Module IV during FY 1997-98.
Within the current project, the existing condition and remaining useful life of all
components will be determined and a replacement schedule for each component will be
prepared. The results of the inventory will be entered into a computerized data base that
will be the basis for an analytical study. Life cycle analysis will be used to determine the
annual expenditure necessary to accommodate future infrastructure replacement. A report
will be prepared to identify a prioritized list of backlog infrastructure replacement and
maintenance items with costs, as well as annual life cycle expenditure requirements.
Suitable maps and charts will be included in the report to better describe the geographic
elements of the project.
FISCAL IMPACT
Funds for the IMS project have been budgeted in the Public Works Department Structures
and Grounds Functional Area operating budget.
ENVIRONMENTAL ASSESSMENT
The IMS is not a project for purposes of the California Environmental Quality Act.
CONFLICT OF INTEREST
Staff, with the concurrence of the City .Attorney, has determined that the consultant is
exempt from complying with the financial interest disclosure provisions of theCity’s
conflict of interest code, because the consultant’s range of duties and services to be
provided under the agreement are limited in scope or primarily ministerial in nature.
CMR:119:97 Page 2 of 3 ."
ATTACHMENTS
Agreement
PREPARED BY: John Carlson, Acting Assistant Director of Public Works
DEPARTMENT HEAD REVIEW: /~, ~
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:
FLEMING
Manager
CMR:119:97 Page 3 of 3 "
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
PETER ADAMSONASSOCIATES, INC. DBA
ADAMSON ASSOCIATES
FOR CONSULTING SERVICES
This Contract No.is entered into ,
by and between the CITY OF PALO ALTO, a chartered city and a
municipal corporation of the State of California ("CITY"), and
PETER ADAMSONASSOCIATES, INC. dba ADAMSON ASSOCIATES, a California
corporation, located at 170 Columbus Avenue, San Francisco, CA
94133 ("CONSULTANT").
RECITALS :
WHEREAS, CITY desires certain professional consulting
services ("Services") and the preparation and delivery of, without
limitation, one or more sets of documents, drawings, maps, plans,
designs, data, calculations, surveys, specifications, schedules,
reports or other writings ("Deliverables") (Services and
Deliverables are, collectively, the "Project")~ as more fully
described in Exhibit "A"; and
WHEREAS, CITY desires to engage CONSULTANT, including its
employees, if any, in providing the Services by reason of its
qualifications and experience in performing the Services, and
CONSULTANT has offered to complete the Project on the terms and in
the manner set forth herein;
NOW, THEREFORE, in consideration of the-covenants, terms,
conditions, and provisions of this Contract, the parties agree:
SECTION I. TERM
I.I This Contract will commence on the date of its
execution by CITY, and will terminate upon the completion of the
Project, unless this Contract is earlier terminated byCITY. Upon
the receipt of CITY’s notice to proceed, CONSULTANT will commence
work on the tasks in accordance with the time schedule set forth in
Exhibit "A". Time is of the essence of this Contract. In the event
that the Project is not completed within the time required through
any fault of CONSULTANT, CITY’s city manager will have the option
of extending the time schedule for any period of time. This
provision will not preclude the recovery of damages for delay
caused byCONSULTANT.
SECTION 2.SCOPE OF PROJECT; CHANGES & CORRECTIONS
~e~scope of Services and Deliverables constitutingthe Project ~’~ be-~performed, delivered or executed by CONSULTANT
under the phases of the Basic Services as described below.
970115 syn 0071109
2.2 CITY may order substantial changes in the scope or
character of the Basic Services, the Deliverables, or the Project,
either decreasing or increasing the amount of work required of
CONSULTANT. In the event that such changes are ordered, subject to
the approval of CITY’s City Council, as may be required, CONSULTANT
will be entitled to full compensation for all work performed prior
to CONSULTANT’s receipt of the notice of change and further will be
entitled to an extension of the time schedule. Any increase in
compensation for substantial changes will be determined in
accordance with the provisions of this Contract. CITY will not be
liable for the cost or payment of any change in work, unless the
amount of additional compensation attributable to the change in
work is agreed to, in writing, by CITY before CONSULTANT commences
the performance of any such change in work.
2.3 CITY wishes to develop a fully integrated
infrastructure management system (IMS) to preserve and maximize
existing infrastructure usage when planning the future
appropriation of precious dollars. This Contract is aimed at
developing an IMS system with particular reference to City owned
parks and open spaces. At the conclusion of the duties contained
in this scope of work and at the discretio~ of the project manager
regarding the quality of the work performed and continued
suitability of CONSULTANT, CONSULTANT may be invited to negotiate
a new agreement or an amendment to this contract for future phases
of work. The work will involve the inventorying and developing of
an infrastructure management system for all other General Fund
infrastructure items such as bridges and parking lots, etc. This
expanded scope will require budget approval over a possible two-
year period consisting of fiscal years 1997-98 and 1998-99.
CONSULTANT will be given the opportunity to submit, for approval by
the project manager, the names of subconsultants capable of
performing the additional duties required for new areas to be
studied by the IMS. It is noted that the CONSULTANT identified
some possible subconsultants as part of their presentation to the
consultant selection committee.
SECTION 3.
CONSULTANT
QUALIFICATIONS, STATUS, AND DUTIES OF
3.1 CONSULTANT represents and warrants that it has the
expertise and professional~qualifications to furnish or ~ause to be
furnished the Services and Deliverables. CONSULTANT further
represents and warrants that the project director and every
individual, including any consultant (including CONSULTANTs),
charged with the performance of the Services are duly licensed or
certified by the State of California, to the extent such licensing
or certification is required by law to perform the Services, and
that the Project will be executed by them or under their
supervision. CONSULTANT willfurnish to CITY for approval, prior
to execution~of this Contract, a list of all individuals and the
names of their employers or principals to be employed as
consultants.
970115 syn 0071 I09
2
3.2 In reliance on the representations and warranties
set forth in this Contract, CITY hires CONSULTANT to execute, and
CONSULTANT covenants and agrees that it will execute or cause to be
executed, the Project.
3.3 CONSULTANT will assign PETER MORRIS as the project
director to have supervisory responsibility for the performance,
progress, and execution of the Project. ALICE NGUYEN will be
assigned as the project coordinator who will represent CONSULTANT
during the day-to-day work on the Project. If circumstances or
conditions subsequent to the execution of this Contract cause the
substitution of the project director or project coordinator for any
reason, the appointment of a substitute project director or
substitute project coordinator will be subject to the prior written
approval of the project manager.
3.4 CONSULTANT represents and warrants that it will:
3.4.1 Procure all permits and licenses, pay all
charges and fees, and give all notices which may be necessary and
incident to the due and lawful prosecution of the Project;
3.4.2 Keep itself fully informed of all existing and
future Federal, State of California, and local laws, ordinances,
regulations, orders, and decrees which may affect those engaged or
employed under this Contract and any materials used in CONSULTANT’s
performance of the Services;
3.4.3 At all times observe and comply with, and cause
its employees .and consultants, if any, who are assigned to the
performance of this Contract to observe and comply with, the laws,
ordinances, regulations, orders and decrees mentioned above; and
3.4.4 Will report immediately to the project manager,
in writing, any discrepancy or inconsistency it discovers in the
laws, ordinances, regulations, orders, and decrees mentioned above
in relation to the Deliverables.
3.5 Any Deliverables given to, or prepared or assembled
by, CONSULTANT or its consultants, if any, under this Contract will
become the property of CITY and will not be made available to any
individual or organization by CONSULTANT or its consultants, if
any, without the prior written approval .of the city manager.
3.6 CONSULTANT will provide CITY with ten (i0) sets of
reports, including draft and final reports, which are a part of the
Deliverables upon their completion and acceptance by CITY.
3.7 If CITY requests additional copies of any documents
which are a part of the Deliverables, CONSULTANT will provide such
additional copies and CITY will compensate CONSULTANT for its
duplicating costs.
3
970115 sya 0071109
3.8 CONSULTANT will be responsible for employing or
engaging all persons necessary to execute the Project. All
consultants of CONSULTANT will be deemed to be directly controlled
and supervised by CONSULTANT, which will be responsible for their
performance. If any employee or consultant of CONSULTANT fails or
refuses to carry out the provisions of this Contract or appears to
be incompetent or to act in a disorderly or improper manner, the
employee or consultant will be discharged immediately from further
performance under this Contract on demand of the project manager.
3.9 In the execution of the Project, CONSULTANT and its
consultants, if any, will at all times be considered independent
contractors and not agents or emp!oyees of CITY.
3.10 CONSULTANT will perform or obtain or cause to be
performed or obtained any and all of the following Additional
Services, not included under the Basic Services, if so authorized,
in writing, by CITY:
3.10.1 Providing services as an expert witness in
connection with any public hearing or meeting, arbitration
proceeding,or proceeding of a court of record;
3.10.2 Incurring travel and subsistence expenses for
CONSULTANT and its staff beyond those normally required under the
Basic Services;
3.10.3 Performing any other Additional Services that
may be agreed upon~by the parties subsequent to the execution of
this Contract;. and
3.10.4 Other Additional Services now or hereafter
described in an exhibit to this Contract.
3.11 CONSULTANT will be responsible for employing all
consultants deemed necessary to assist CONSULTANT in the
performance of the Services. The appointment of consultants must
be approved, in advance, by CITY, in writing, and must remain
acceptable to CITY during the term of this Contract.
3.12 CONSULTANT will attend a minimum of ten (i0)
meetings.
SECTION 4. DUTIES OF CITY
4.1 CITY will furnish or cause to be furnished the
services listed in Exhibit "A" and such information regarding its
requirements applicable to the Project as may be reasonably
requested by CONSULTANT.
4.2 CITY will review and approve, as necessary, in a
timely manner the Deliverables and each phase ,of work performed by
CONSULTANT. CITY’s estimated time of review and approval will be
furnished to CONSULTANT at the time of submission of each phase of
work. CONSULTANT acknowledges and understands that the
970115 D’n 0071109
4
interrelated exchange of information among CITY’s various
departments makes it extremely difficult for CITY to firmly
establish the time of each review and approval task. CITY’s failure
to review and approve within the estimated time schedule will not
constitute a default under this Contract.
4.3 The city manager will represent CITY for all
purposes under this Contract. JAMES HARRINGTON is designated as
the project manager for the city manager. The project manager will
supervise the performance, progress, and execution of the Project,
and will be assisted by GARY WEINREICH, the project engineer.
4.4 If CITY observes or otherwise becomes aware of any
default in the performance of CONSULTANT, CITY will use reasonable
efforts to give written notice thereof to CONSULTANT in a timely
manner.
SECTION 5. COMPENSATION
5.1 CITY will compensate CONSULTANT for the following
services and work:
5.1.1 In consideration of the full performance of the
Basic Services, including any authorized reimbursable expenses,
CITY will pay CONSULTANT a fee not to exceed Fifty-Two Thousand
Dollars ($52,000.00). The amount of compensation will be
calculated in accordance with the hourly rate schedule set forth in
Exhibit "B", on a time- and materials basis, up to the maximum
amount set forth in this Section. The fees of the consultants, who
have direct contractual relationships with CONSULTANT, will be
approved, in advance, by CITY. CITY reserves the right to refuse
payment of such fees, if such prior approval is not obtained by
CONSULTANT.
5.1.2 In consideration of the full performance of
Additional Services, the amount of compensation set forth in
Exhibit "B" will not exceed five hundred dollars ($500.00). An
employee’s time will be computed at the billing rates listed in
Exhibit UB". The rate schedules may be updated by CONSULTANT only
once each calendar year, and the rate schedules will not become
effective for purposes of this Contract, unless and until
CONSULTANT gives CITY thirty (30) days’ prior written notice of the
effective date of any revised rate schedule.
5.1.3 The full payment of charges for extra work or
changes, or both, in the execution of the Project will be made,
provided such request for payment is initiated by CONSULTANT and
authorized, in writing, by the project manager. Payment will be
made within thirty (30) days of submission by CONSULTANT of a
statement, in triplicate, of~itemized costs covering such work or
changes, or both. Prior to commencing such extra work or changes,
or both, the parties will agree upon an estimated maximum cost for
5970115 t’yn 0071109
such extra work or changes. CONSULTANT will not be paid for extra
work or changes, including, without limitation, any design work or
change order preparation, which is made necessary on account of
CONSULTANT’s errors, omissions, or oversights.
5.1.4 Direct personnel expense of employees assigned
to the execution of the Project by CONSULTANT will include only the
work of architects, engineers, designers, job captains,
draftspersons, specification writers and typists, in consultation,
research and design, work in producing drawings, specifications and
other documents pertaining to the Project, and in services rendered
during construction at the site, to the extent such services are
expressly contemplated under this Contract. Included in the cost
of direct personnel expense of these employees are salaries and
mandatory and customary benefits such as statutory employee
benefits, insurance, sick leave, holidays and vacations, pensions
and similar benefits.
5.2 The schedule of payments will be made as follows:
5.2.1 Payment of the Basic Services will be made in
monthly progress payments in proportion to the quantum of services
performed, or in accordance with any other schedule of payment
mutually agreed upon by the parties, as set forth in Exhibit
or within thirty (30) days of submission, in triplicate, of such
requests if a schedule of payment is not specified. Final payment
will be made by CITY after CONSULTANT has submitted all
Deliverables, including, without limitation, reports which have
been approved by the project manager.
5.2.2 Payment of the Additional Services will be
made in monthly progress payments for services rendered, within
thirty (30) days of submission, in triplicate, of such requests.
5.2.3 No deductions will be made from CONSULTANT’s
compensation on account of penalties, liquidated damages, or other
sums withheld by CITY from payments to general CONSULTANTs.
SECTION 6. ACCQUNTING, AUDITS, OWNERSHIP OF RECORDS
6.1 Records of the direct personnel expenses and
expenses incurred in connection with the performance of Basic
Services and Additional Services pertaining to the Project will be
prepared, maintained, and retained by CONSULTANT in accordance with
generally accepted accounting principles and will be made available
to CITY for auditing purposes at mutually convenient times during
the term of this Contract and for three (3) years following the
expiration or earlier termination of this Contract.
6.2 The originals Df the Deliverables prepared by or
under the direction of CONSULTANT in the performance of this
Contract will become the property of CITY irrespective of whether
the Project is completed upon CITY’s payment of the amounts
required to be paid to CONSULTANT. These originals will be
delivered to CITY without additional compensation. CITY will have
970115 syn 0071109
the right to utilize any final and incomplete drawings, estimates,
specifications, and any other documents prepared hereunder by
CONSULTANT, but CONSULTANT disclaims any responsibility or
liability for any alterations or modifications of such documents.
SECTION 7. INDEMNITY
7.1 CONSULTANT agrees to protect, indemnify, defend and
hold harmless CITY, its Council members, officers, employees and
agents, from any and all demands, claims, or liability of any
nature, including death or injury to any person, property damage or
any other loss, caused by or arising out of CONSULTANT’s, its
officers’, agents’, consultants’ or employees’ negligent acts,
errors, or omissions, or willful misconduct, or conduct for which
applicable law may impose strict liability on CONSULTANT in the
performance of or failure to perform its obligations under this
Contract.
SECTION 8. WAIVERS
8.1 The waiver by either party of any breach or
violation of any covenant, term, condition or provision of this
Contract or of the provisions of any ordinance or law will not be
deemed to be a waiver of any such covenant, term, condition,
provision, ordinance, or law or of any subsequent breach or
violation of the same or of any other covenant, term, condition,
provision, ordinance or law. The subsequent acceptance by either
party of any fee or other money which may become due hereunder-will
not be deemed to be a waiver of any preceding breach or violation
by the other party of any covenant, term, condition or provision of
this Contract or of any applicable law or ordinance.
8.2 No payment, partial payment, acceptance, or partial
acceptance by CITY will operate as a waiver on the part of CITY of
any of its rights under this Contract.
SECTION 9. INSURANCE
9.1 CONSULTANT, at its sole cost and expense, will
obtain and maintain, in full force and effect during the term of
this Contract, the insurance coverage described in Exhibit "C",
insuring not only CONSULTANT and its consultants, if any, but also,
with the exception of workers’~ compensation, employer’s liability
and professional liability insurance, naming CITY as an additional
insured concerning CONSULTANT’s performance under this Contract.
9.2 All insurance coverage required hereunder will be
provided through carriers with Best’s Key Rating Guide ratings of
A:X or higher which are admitted to transact insurance business in
the State of California. Any and all consultants of CONSULTANT
retained to perform Services under this Contract will obtain and
maintain, in full force and effect during the term of ’this
Contract, identical insurance coverage, naming CITY as an
additional insured under such policies as required above.
7970115 D’n 0071109
9.2 Certificates of such insurance, preferably on the
forms provided by CITY, will be filed with CITY concurrently with
the execution of this Contract. The certificates will be subject
to the approval of CITY’s risk manager and will contain an
endorsement stating that the insurance is primary coverage and will
not be canceled or altered by the insurer except after filing with
the CITY’s city clerk thirty (30) days’ prior written notice of such
cancellation or alteration, and that the City of PaloAlto is named
as an additional insured except in policies of workers’
compensation, employer’s liability, and professional liability
insurance. Current certificates of such insurance will be kept on
file at all times during the term of this Contract with the city
clerk.
9.4 The procuring of such required policy or policies
of insurance will not be construed to limit CONSULTANT’s liability
hereunder nor to fulfill the indemnification provisions of this
Contract. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and total amount of any
damage, injury, or loss caused by or directly arising as a result
of the Services performed under this Contract, including such
damage, injury, or loss arising after the Contract is terminated or
the term has expired.
SECTION I0.WORKERS’ COMPENSATION
I0.I CONSULTANT, by executing this Contract, certifies
that it is aware of the provisions of the Labor Code of the State
of California which require every employer to be insured against
liability for workers’ compensation or to undertake self-insurance
in accordance with the provisions of that Code, and certifies that
it will comply with such provisions, as applicable, before
commencing the performance of the Project.
PROJECT
SECTION ii -TERMINATION OR SUSPENSION OF CONTRACT OR
II.i The city manager may suspend the execution of the
Project, in whole or in part, or terminate this Contract, with or
without cause, by giving thirty (30) .days’ prior written notice
thereof to CONSULTANT, or immediately after submission to CITY by
CONSULTANT of any completed item of Basic Services. Upon receipt
of such notice, CONSULTANT will immediately discontinue its
performance under this Contract.
11.2 CONSULTANT may terminate this Contract or suspend
its execution of the Project by giving thirty (30) days’ prior
written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY or in the event CITY
indefinitely withholds or withdraws its request for the initiation
or continuation of Basic Services or the execution of the Project.
11.3 Upon
CONSULTANT will be
Additional Services
such suspension or termination by CITY,
compensated for the Basic Services and
performed and Deliverables received and
8
970115 ayn 0071109
approved prior to receipt of written notice from CITY of such
suspension or abandonment, together with authorized additional and
reimbursable expenses then due. If the Project is resumed after
being suspended, for more than 180 days, any change in CONSULTANT’s
compensation will be subject to renegotiation and, if necessary,
approval of CITY’s City Council. If this Contract is suspended or
terminated on account of a default by CONSULTANT, CITY will be
obligated to compensate CONSULTANT only for that portion of
CONSULTANT’s services which are of direct and immediate benefit to
CITY, as such determination may be made by the city manager in the
reasonable exercise of her discretion.
11.4 In the event of termination of this Contract or
suspension of work on the Project by CITY where CONSULTANT is not
in default, CONSULTANT will receive compensation as follows:
11.4.1 For approved items of services, C0NSULTANTwill
be compensated for each item of service fully performed in the
amounts authorized under this Contract.
11.4.2 For approved items of services on which a
notice to proceed is issued by CITY, but which are not fully
performed, CONSULTANT will be compensated for each item of service
in an amount which bears the same ratio to the total fee otherwise
payable for the performance of the service as the quantum of
service actually rendered bears to the services necessary for the
full performance of that item of service.
11.4.3 The total compensation payable under the
preceding paragraphs of this Section will not exceed the payment
specified under Section 5 for the respective items of service to be
furnished by CONSULTANT.
11.5 Upon such suspension or termination, CONSULTANT
will deliver to the city manager immediately any and all copies of
the Deliverables, whether or not completed, prepared by CONSULTANT
or its consultants, if any, or given to CONSULTANT or its
consultants, if any, in connection with this Contract. Such
materials will become the property of CITY.
11.6 The failure of CITY to agree with CONSULTANT’s
independent findings, conclusions, or recommendations, if the same
are called for under this Contract, on the basis of differences in
matters of judgment, will not be construed as a failure on the part
of CONSULTANT to fulfill its obligations under this Contract.
SECTION 12 ASSIGNMENT
12.1 This Contract is for the personal services of
CONSULTANT, therefore, CONSULTANT will not assign, transfer,
convey, or otherwise dispose of this Contract or any right, title
or interest in or to the same or any part thereof without the prior
written consent of CITY. A consent to one assignment will not be
deemed to be a consent to any subsequent assignment. Any
assignment made without the approval of CITY will be void and, at
9970115 syn 0071109
the option of the city manager, this Contract may be terminated.
This Contract will not be assignable by operation of law.
SECTION 13.NOTICES
13.1 All notices hereunder will be given, in writing,
and mailed, postage prepaid, by certified mail, addressed as
follows:
To CITY:Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 14.CONFLICT OF INTEREST
14.1 In accepting this Contract, CONSULTANT covenants
that it presently has no interest, and will ~not acquire any
interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the
Services.
14.2 CONSULTANT further covenants that, in the
performance of this Contract, it will not employ contractors or
persons having such an interest mentioned above. CONSULTANT
certifies that no one who has or will have any financial interest
under this Contract is an officer or employee of CITY; -this
provision will be interpreted in accordance with the applicable
provisions of the Palo Alto Municipal Code and the Government Code
of the State of California.
SECTION 15.NONDISCRIMINATION
15.1 As set forth in the Palo Alto Municipal Code, no
discrimination will be made in the employment of persons under this
Contract because of the age, race, color, national origin,
ancestry, religion, disability, sexual preference or gender of such
person. If the value of this Contract is, or may~be, five thousand
dollars ($5,000) or more, CONSULTANT agrees to meet all
requirements of the Palo Alto Municipal Code pertaining to
nondiscrimination in employment, including completing the requisite
form furnished, by CITY and set forth in Exhibit "D"
15.2 CONSULTANT agrees that each contract for services
from independent providers will contain a provision substantially
as follows:
970115 syn 0071109
"[Name of Provider] will provide CONSULTANT
with a certificate stating that [Name of
Provider] is currently in compliance with’all
Federal and State of California laws covering
nondiscrimination in employment; that [Name of
i0
Provider] will pursue an affirmative course of
action as required by the Affirmative Action
Guidelines of the City of Palo Alto; and that
[Name of Provider] will not discriminate in
the employment of any person under this
contract because of the age, race, color,
national origin, ancestry, religion,
disability, sexual preference or gender of
such person."
15.3 If CONSULTANT is found in violation of the
nondiscrimination provisions of the State of California Fair
Employment Practices Act or similar provisions of Federal law or
executive order in the performance of this Contract, it will be in
default of this Contract. Thereupon, CITY will have the power to
cancel or suspend this Contract, in whole or in part, or to deduct
the sum of twenty-five dollars ($25) for each person for each
calendar day during which ~such person was subjected to
discrimination, as damages for breach of contract, or both. Only
a finding of the State of California Fair Employment Practices
Commission or the equivalent federal agency or officer will
constitute evidence of a breach of this Contract.
15.4 If CONSULTANT is found in default of the
nondiscrimination provisions of this Contract or the applicable
Affirmative Action Guidelines pertaining to this Contract,
CONSULTANT will be found in material breach of this Contract.
Thereupon, CITY will have the power to cancel or suspend this
Contract, in whole or in part, or to deduct from the amount payable
°to CONSULTANT the sum of two hundred fifty dollars ($250) for each
calendar day during which CONSULTANT is not in compliance with this
provision as damages for breach of contract, or both.
SECTION 16 .........MISCELLANEOUS PROVISIQNS
16.1 CONSULTANT represents and warrants that it has
knowledge of the requirements of the federal Americans with
Disabilities Act of 1990, and the Government Code and the Health
and Safety Code of the State of California, relating to access to
public buildings and accommodations for disabled persons, and
relating to facilities for disabled persons. CONSULTANT will
comply with or ensure by its advice that compliance with. such
provisions will be effected pursuant to the terms of this Contract.
16.2 Upon the agreement of the parties, any controversy
or claim arising out of or relating to this Contract may be settled
by-arbitration in accordance with the Rules of the American
Arbitration Association, and judgment upon the award rendered by
the Arbitrators may be entered in any court having jurisdiction
thereof.
970115 wn 0O71109
11
16.3 This Contract will be governed by the laws of the
State of California, excluding its conflicts of law.
16.4 In the event that an action is brought, the parties
agree that trial of such action will be vested exclusively in the
state courts of California or in the United States District Court
for the Northern District of California in the County of Santa
Clara, State of California.
16.5 The prevailing party in any action brought to
enforce the terms of this Contract or arising out of this Contract
may recover its reasonable costs and attorneys’ fees expended in
connection with that action.
16.6 This document represents the entire and integrated
Contract between the parties and supersedes all prior negotiations,
representations, and contracts, either written or oral. This
document may be amended only by a written instrument, wh{ch is
signed by the parties.
16.7 All provisions of this Contract, whether covenants
or conditions, will be deemed to be both covenants and conditions.
16.8 The covenants, terms, conditions and provisions of
this Contract will apply to, and will bind, the heirs, successors,
executors, administrators, assignees, and consultants, as the case
may be, of the parties.
16.9 If a court of competent jurisdiction finds or rules
that any provision of this Contract or any amendment thereto is
void or unenforceable, the unaffected provisions of this Contract
and any amendments thereto will remain in full force and effect.
16.10 All exhibits referred to. in this Contract and any
addenda, appendices, attachments, and schedules which, from time
to time, may be referred to in any duly executed amendment hereto
are by such reference incorporated in this Contract and will be
deemed to be a part of this Contract.
16.11 This Contract may be executed in any number of
counterparts, each of which will be an original, but all of which
together will constitute one and the same instrument..¯
16.12 This Contract is subject to the fiscal provisions
of the Charter of the City of Palo Alto and the Palo Alto Municipal
Code. This Contract will terminate without any penalty (a) at the
end of any fiscal year in the event that~funds are not appropriated
for the following fiscal year, or (b) at any time within a fiscal
year in the event that funds are only appropriated for a portion of
the fiscal year and funds forthis Contract are no longer
970115 syn 0071109
12
available. This Section 16.12 will take precedence in the event of
a conflict with any other covenant, term, condition, or provision
of this Contract.
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Contract on the date first
above written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Mayor
Senior Asst. City Attorney
APPROVED:
Assistant City Manager
Director of Public Works
PETER ADAMS:O~S~CIATES, INC.
By: ,
Its :
Taxpayer’s I.D. No. ~- ~.Sf:z
Deputy CityManager,
Administrative Services
Risk Manager
.Attachments:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C":
EXHIBIT "D":
SCOPE OF PROJECT AND THE TIME
AND FEE SCHEDULE
RATE SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
970115 syn 0071109
13
STATE OF
COUNTY OF
California
San Francisco
)
)
)
On January 16, 1997 , before me, the undersigned, a
notary public in and for said County, personally appearedPeter Henry MORRIS
~r~~~W~mZ~xmm~x~r proved to me on the basis of
satisfactory evidence) to be the person~) whose name(s) is/~e
subscribed to the within instrument, and acknowledged to me that
he/~¥ executed the same in hi s / h~z~mh~x authorized
capacity(~) , and that by his/~i~x signature (~) on the
instrument the person(~), or the entity upon behalf of which the
person(~ acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY PUBLIC
970115 syn 0071109
14
SCOPE OF WORK AND TIME SCHEDULE
FOR
INFRASTRUCTURE MANAGEMENT SYSTEM PROJECT
GENERAL INFORMATION
The City does not have a long term infrastructure management system (11VIS). Infrastructure
management is currently done through the 5 year CIP program and the annual operating
budget. This short term view of budgeting for CIPs is inadequate to anticipate costs associated
with infrastructure components whose useful life may be 10, 20, or 50+ years. The purpose
of this project is to establish an infrastructure management system (IMS) which provides
sufficient information to proaetively plan for and finance the replacement and repair of critical
infrastructure components as part of Palo Alto’s infrastructure management strategy.
The IMS will be a computer based, quantitative, analytical tool with a database capable of
identifying maintenance and replacement schedules for each infrastructure component with a
value over $25,000 generally including buildings, bridges and parks. The IMS will include a
method for setting priorities and identifying the costs (life cycle analysis) related to the
maintenance and replacement of each infrastructure component identified in the study.
In 1996, Adamson Associates completed the first module of the IMS called the Building
Management System (BMS). The purpose of this contract will be for Adamson Associates to
prepare a second module of the IMS to be called the Parks Management System (ParksMS).
The ParksMS shall be modeled similar to the .BMS consisting of two volumes. Volume 1 will
be an executive summary and Volume 2 will be Parks data sheets.
SCOPE OF WORK
The City of Palo Alto, Department of Public Works, Engineering Division requires the
consultant to perform an inventory of the City Community Service Department infrastructure.
The inventory will be done for Parks Division and Open Spaces and Sciences Division
hereafter referred to as Parks. Consultant shall assist the City in the development of an
Infrastructure Management System as described in this Scope of Work section and further
described in the General Information and Computer Standards sections of this scope of work.
In this contract the consultant will inventory all Parks infrastructure components with a value
over $25,000 and identify maintenance and replacement schedules for each component.
Where applicable, Consultant shall survey and package the components into logical groupings,
such that their aggregate cost exceeds $ 25,000. The software for the IMS program is
anticipated to be a PC Windows based application but will need to have communication
abilities with the GIS. The City’s GIS is described in the Computer Standards section within
this scope of work. City staff members shall be trained to use the IMS software. It is
CITY OF PALO ALTO EXHIBIT A SECTION 00001-1
IMS PROJECT CITY OF PALO ALTO
expected that the cost of the software will represent no more than 1 to 3 % of the project
budget
A list identifying all the City’s Parks, Open Spaces, Community Facilities and their locations
is attached to this scope of work. The existing condition and remaining useful life of all
components will be determined. It is expected that this would include a physical inspection of
each major component (ie playground equipment, asphalt paths, tennis courts, turf and
irrigation systems, and others) to verify the actual (verses theoretical) remaining useful life.
The inventory results will be entered into the computerized data base that will be the basis for
an analytical study. A database analysis will be performed to determine the existing
replacement and maintenance backlog based on the condition assessment, industry replacement
standards and industry maintenance standards. Life cycle analysis will be used to determine
the annual expenditure necessary to accommodate future infrastructure replacement. A report
will be prepared identifying a recommended pfioritized list of backlog infrastructure
replacement and maintenance items with costs as well as an annual life cycle expenditure
requirement.
In addition, Consultant shall make a recommendation based on a second method of
pdodtization in addition to life cycle. The purpose of the second pdoritization category will
be to provide a more exact actual cost analysis without averaged (smoothed) costs as shown
and described in the preceding Building M_ anagement System report. The purpose of these
analysis is to provide information to the City Administration Services Department, Budget
Division to select a suitable funding vehicle.
Future Phases: The inventorying of all other general fund infrastructure items such as,
bridges and parking lots are not included in the current scope of work. Also, periodic updates
of the existing Building Maintenance System report is not included. These future phases may
be undertaken by amendment to the existing contract orissuance of a new contract.
CITY OF PALO ALTO EXttIBIT A SECTION 00001-2
IMS PROJECT CITY OF PALO ALTO
GENERAL TASKS
The General Tasks shall be performed by the CONSULTANT as follows:
1.Program Def’mition and Software Requirements:
1.1 Develop the program definition. Study City requirements and Department of
Community Services Infrastnaeture Assessment data. Meet with Public Works and
Parks Department staff.
1.2 Perform a review of the existing reports provided by the City.
1.3 Provide a letter report to the City documenting the findings and recommendations.
1.4 Obtain City input and approval/acceptance of recommended software. Revise and
resubmit the report if required in order to obtain City approval.
2. Inventory and Reporting Tasks:
2.1 Preliminary Review: Meet with City staff to determine project requirements. The
consultant will be given copies of existing facilities status repprts. The reports include
the following:
A Parks and Open Space Inventory.
B.Parks and Open Space Status Reports.
C.List of City Parks and applicable school sites to be included in the study.
D.List of certain facility sites requiring inventory and analysis.
The purpose of the meeting will be to discuss the existing reports and overall project
requirements.
2.2 Perform an inventory (field survey) of existing parks and certain facility site
components and document data.
2.3 Perform a condition assessment and estimate the remaining useful life of each
component with a value over $25,000. Where applicable, survey and package the
components into logical groupings, such that their aggregate cost exceeds $ 25,000.
Eg: Tot- Lot, picnic areas or park benches in large Park sites.
2.4 Develop a priodtized backlog list of capital replacement items and a maintenance
schedule for all these components. Perform a life cycle analysis to determine an annual
expenditure to accommodate future capital replacement.
CITY OF PALO ALTO EXItIBIT A SECTION 00001-3
IMS PROJECT
GENERAL TASKS
CITY OF PALO ALTO
The General Tasks shall be performed by the CONSULTANT as follows:
1.Program Def’mition and Software Requirements:
1.1 Develop the program definition. Study City requirements and Department of
Community Services Infrastructure Assessment data. Meet with Public Works and
Parks Department staff.
1.2 Perform a review of the existing reports provided by the City.
1.3 Provide a letter report to the City documenting the findings and recommendations.
1.4 Obtain City input and approval/acceptance of recommended software. Revise and
resubmit the report if required in order to obtain City approval.
2. Inventory and Reporting Tasks:
2.1 Preliminary Review: Meet with City staff to determine project requirements. The
consultant will be given copies of existing facilities status reports. The reports include
the following:
A Parks and Open Space Inventory.
B.Parks and Open Space Status Reports.
C.List of City Parks and applicable school sites to be included in the study.
D.List of certain facility sites requiting inventory and analysis.
The purpose of the meeting will be to discuss the existing reports and overall project
requirements.
2.2 Perform an inventory (field survey) of existing parks and certain facility site
components and document data.
2.3 Perform a condition assessment and estimate the remaining useful life of each
component with a value over $25,000. Where applicable, survey and package the
components into logical groupings, such that their aggregate cost exceeds $ 25,000.
Eg: Tot- Lot, picnic areas or park benches in large Park sites.
2.4 Develop a prioritized backlog list of capital replacement items and a maintenance
schedule for all these components. Perform a life cycle analysis to determine an annual
expenditure to accommodate future capital replacement.
CITY OF PALO ALTO EXHIBIT A SECTION 00001-3
IMS PROJECT CITY OF PALO ALTO
2.5 " Meet with City staff to discuss findings.
2.6 First Preliminary Report - Provide a preliminary report including findings. This will
be the basis of a report to the CIP Screening Committee. The report shall include an
executive summary. The ParksMS shall be modeled similar to the BMS consisting of
two volumes. Volume 1 will be an executive summary and Volume 2 will be parks
data sheets. Where appropriate, the report shall include graphical information, such as
charts and maps that will serve to convey tabular data into a reader-friendly format.
2.7 Provide exhibits to aid in communication of the project concepts at public meetings.
Note that presentation of the project at these meetings will be done by City staff. The
consultant will not be required to attend.
2.8 Final Report: Provide a final report to the City indicating concurrence and/or
exceptions to the comments received during City review of the preliminary reports.
The report may require an amendment dependant upon Council and Finance
Committee input.
2.9 Provide the database (data sheets) and executive summary in digital media format for
City records. Assist City with installation .and setup of the database on City computer.
2.10 Attend a maximum of two public meetings to answer questions from the Finance
Committee and/or Council.
If any subsequent phases of the project are authorized by amendment to the agreement, the
general tasks will be. similar to those noted above.
DEIAVERABLES
The following items are identified as deliverables to the CITY:
3.
4.
5.
A written letter report documenting the findings and recommendations resulting from
the General Task 1.
IMS software and documentation as described in the General Task 1.
Preliminary report as described in General Task 2.
Exhibits for use by City staff at Committee and Council meetings.
Final report as described in General Task 2.
CITY OF PALO ALTO EXHIBIT A SECTION 00001-4
IMS PROJECT CITY OF PALO ALTO
Database and executive summery (digital media format) as described in General Task
2.
Camera Ready Copy of ParksMS Volumes 1 and 2 on 24# bond paper for publishing
by City Staff.
PROJECT SCHEDULE
The Work under this Contact shall begin after execution of the Contract and issuance of a
Notice to Proceed from the City to the Consultant. The approximate schedule for performance
of the review on the identified project is as follows:
Jan.28 - Feb. 25,1997 Obtain all basic data. Perform Tasks 1 study and submit a
preliminary report for review by City staff
Jan.28 - June 24,1997 Obtain all basic data. Perform Tasks 2 study and submit a
preliminary report for review by City staff and CIP Screening
Committee.
June 24- July 22,1997
July 22- Aug.4,1997
Mid-October, 1997
Revise p.reliminary reports to reflect City staff input and
submit second draft report of Task 2.
Revise second draft to reflect City staff input and submit final
Task 2 report.
Amend the final report if necessary as a result of Planning
Commission and Finance Committee input. Provide
software and completed database and assist in setup.
TERM OFCONTRACT
The term of this Contract is identified in the schedule. Renewal of the Contract for future
work is dependent on budget approval for the given fiscal year and concurrence with the
City’s Project Manager as described in Section 2 of the contract.
COMPUTER STANDARDS
The City wishes to use a Lotus PC-based software application, preferably Windows-based
to support the new IMS system. The system will need to be able to utilize information
from the existing Geographic Information System (GIS). The GIS is located on a VAX
CITY OF PALO ALTO EXHIBIT A SECTION 00001-5
CITY OF PALO ALTO
computer, utilizing a VMS operating system. The operating system supports Graphic Data
Systems (GDS) Version 5.3.6 application software and an Oracle Version 7 database
application software. The IMS system linkage can be achieved either by the ability to
download information from the GIS database to the IMS system or through an on-line
interface. The IMS system must have an easy-to-use report writer capability. It is
important that the City be able to manipulate the IMS database to provide management
reports in a variety of formats for the ParksMS. In addition, City staff will need to be able
to change assumptions on the software such as the Consumer Price Index, applicable
interest rate and anticipated useful life. The system should accommodate both the capital
financial requirements and the maintenance history requirements of the IMS.
Documentation for the IMS system shall be provided.
ATTACHMENTS
Attachment A List of Parks and their location.
Attachment B
Attachment C
Attachment D
Attachment E
List of Tennis Courts and their location
List of~ Components for Parks, Open Space ,Schools and Selected
Community Facilities.
List of School Sites Requiring Maintenance
Consultant Fees
End
CITY OF PALO ALTO EXHIBIT A SECTION 00001-6
oO
-PARK LOCATOR MAP
~’]~,"1 hrastradero Preserve
Arastradero Road
[ 3, ~""2 Cornelis Bol Park
Laguna between Barron and
Nlatadero Avenues
12,’-/
3 John Bouhvare Park
390 Fernando Street
4 B0wden Park
Between High and Alma at
North California Avenue
5 Juana Briones Park
Clemo Avenue, between :-"-"
Arastradero Road and
Maybell Avenue
6 John Fletcher Byxbee
Recreation Area"/
(The Baylands)
East end of Embarcadero Road
7 Donaldi~a M.
Cameron Park
2100 Wellesley Street..,
B Esther Clark Park
Old Adobe R~ad, off
Arastradero-Road
~ Elinor Co~’ogswell Plaza
Lytton Avenue, between
Ramona and B.~a~t~SJTeet_~_s
~0 El C~ir~k~"
100 El Camin~’R~l ~:
1"/ El Palo Alto Park
Palo Alto Avenue and
Alma Street
12 Foothills Park
3300 Page Mill Road
13 John Lucas Greer Park
t 098 Amarillo Avenue
"14 Herbert Hoover Park
2901 Cowper Street
15 Timothy Hopkins
Creekside Park
Palo Alto Avenue, from " - :-
Emerson to Marlowe ~
16 Edith Eugeni~~ ~ " ¯ .
Johnson Park - .. i .......
Between Waverl~y~d "
Kipling Streets, Everettand ’.]’ .
Hawthorne Avenues i:" ~""
"17 Lawn BoWiin~’(~"~e’en
474 Embarcadero R0~d
University Av~hue:and
::2/,’/
;
20 J. Pearce Mitchell Park
600 East Meadow Drive
21 Monroe Mini-Park
Monroe Drive and Miller Avenue
22 Eleanor Pardee Park
(Eleanor Park)
851 Center Drive
23 Alexander Peers Park
1899 Park Boulevard
24 Don Jesus Ramos Park
800 East Meadow Drive
~$ Rinconada Park
777 Embarcadero Road
/~C~-TA C ~ ~ F_mJT
26 Don Secundino Robles Park
4116 Park Boulevard
27 Scott Street Minipark
Scott Street and Channing Avenue
28 Henry W. Scale Park
31 O0 Stockton Place
~9 Terman Park
655 Arastradero Road
30 Sarah Wallis Park
Grant Avenue and Ash Street
31 Frederick W. Weissh.aar Park
2300 Dartmouth Street
32 William C. Werry Park
2 ! 00 Dartmouth Street
Palo Alto Tennis Courts
APPROX. ONE MILE
¥
STANFORDUNIVERSITY
.~ Ugh=~l *enni= courts
Rinconada Park Hopkins Street & Newell Road 9 courts (6 lighted)
Palo Alto High School 25 Churchill Avenue 7 courts (6 lighted)
Peers Pa~k 1899 Perk Blvd. 2 courts
Hoover-Park 2901 Cowpe~ Street. 2 courts
Park T)artmouth St. 2 court=
Park 600 E. Meadow Drive 7 courts
Stanford Middle School 480 E. Meadow Drivu 6 courts
C=bberley Center 4000 Middlefield Road 6 courts
Terman Park- 655 Arastradero Road 4 courts
High School 780 Arastradero Road 6 courts
.(~ P~oA~o Unif~d School DLstdct couns
ATTACHMENT "C"
PARKS MANAGEMENT SYSTEM (ParksMS)
Component breakdown of Parks, Open Space and applicable school sites.
Park furniture
Irrigation
Tennis Courts
Swimming Pools
Basketball Courts
Fences
Bleachers
Lights
Pathways
Dog runs
Picnic Areas
Fountains
Signage
Playground Areas
Storm Drainage
Skatebowl
Benches
Landscape (softscape)
Play Fields & Athletic Fields (large)
Open Spaces
Trails
Irrigation
Fields
Park Furniture
Paths
Fencing
Signage
Duck Pond
Fountains
Benches
Lake Sump/dewatedng/aeration
Telephone Cables (underground)
Footbridges (minor, on trails)
Parking Lots (gravel only)
Weed Removal (non native)
Schools
Athletic Fields
Tennis Courts
Notes!
1. Paved Parking lots, bike/pedestrian bridges (large/engineered type), and access roads will
be included in a separate module.
2. The above lists represents an overview of components. Some components maybe added
or deleted as determined by the study.
3.Consultant will be provided with detail maintenance reports and existing inventory of
various facilities.
4. Where applicable, the survey will be performed and the results packaged into logical
groupings, such that their aggregate cost exceeds $ 25,000.
ATTACHMENT "D"
PARKS MANAGEMENT SYSTEM ~arksMS)
School Sites involving City of Palo Alto Maintenance Responsibilities:
Athletic Field (Turf Renovations):
1.J.L.S.Middle School
2.Jordan Middle School
3.Walter Haye’s Elementary School
Tennis Courts (Maintenance/Resurfacing - 25 Courts):
1.Palo Alto High School (7)
2.Gunn High School (6)
3.J.L.S. ¯Middle School (6)
4.Jordan Middle School (6)
Community Facilities requiring inventorying and analysis:
These sites and locations are more fully described in the Building Management System Report
(BMS) Dated November 1996
Cultural Center/Main Library
Lucie Stem Site including Junior Museum
Civic Center Plaza
Fire stations (5 total)
Small Libraries (5 total)
Note: The above community facilities (1-5) sites shall be considered as being included in the Base
Contract.
Parks M~nagement System Study
City of Polo Alto, California Fee $
_l_0...Jan 97 .........
GENERAL TASKS ......
BASE CONTRACT
1.1 Develop program definition
Study reqmrements, make recommendations to the
City, mevt with Public Works and Parks Dept Staff
1.2 Review existing systems/develop program definition
Review existing system reports & data, hardware, etc.;
meet with City to understand existing systems.
1.3 Document findings and recommendations
1.4 Revise report
2.1 Preliminary Review Meeting
2.2 Inventory Parks and ComponentMCondition Assessment
Open Space
Park~
Tennis Courts
Athletic Fields
2.6 Preliminary Report
2.8 Final Report
2.10 Attend public meetings
SUBTOTA~ - BASE CONTRACT
ALT~WATE SITES
Cultural Center/Main Library
Lucie Stem Site inc. Junior Museum
Civio Center Plaza
Fire Stations (5 total)
Small Libraries (~ total)
SUBTOTAL- ALTeRNATeS
4,000
500
8OO
8OO
400
5,000
n,0oo
2,000
$,000
3,000
800
38,500
2,000
2,500
2,000
3,000
4,000
13,500
ADAMSON
415.98i~I004
ZIO/ZOOI~~IS NO9IWOV 6Itl I~6 ~It~,60:9I 1.6/0I/I0
ADAMSON Associates
!
January 1 - December 31, 1997
Principals
lvLartin Gordon
Peter Morris
:Nicholas Butcher
Staff
Proje~ Managers
Supervising Project Esthnators
Senior Esthnators
Assistant Estimators
Administration and Clerical
1997 Billing Rates
$140.00
$130.00
$130.00
$95.00 to $125.00
$80.00to$115.00
$75.00to $95.00
$50.00to$75.00
No Charge
The above rates includes: ’
I)Computer and word processing
2)Reproduction of reports up to 6 copies
3)Cost of t’ravel, ,parking and telephone within the Bay Area
4)Messenger services within San Francisco and postages
above rates excludes:
I) Long distance telephone charges and cost of travel and subsistence outside the
Bay.Area
2) Reproduction of drawings and reports in excess of 6 copies
(Billing rates are subject to change in 1998.)
ADAMSON ¯ %t: .R’an~o, ~ 94133
415.981.1004
Fax 415.98t. I419
MBO INSURANCE BROKERS, INC.
LICENSE NO. 0621959
855 OAK GROVE AVENUE, STE.
MENLO PARK, CA 94025-5544
INSURED
lOO
ADAMSON "ASSOCIATES
170 COLUMBUS AVENUE #301
’~’SAN FRANCISCO, CA 94133
ADAA 01
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
"HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
COMPANIES AFFORDING COVERAGE
COMPANY
A
COMPANY
COMPANY
C
HARTFORD CASUALTY INS CO
CYPRESS INS CO
COMPANY
D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDIT!ON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
i LTR
A
TYPE OF INSURANCE
GENERAL UABIUTY
~MERCtAL GENERAL LIABILITY
CLAIMS MADE ~L~ OCCUR
~OWNER’S & CONTRACTOR’S PROT
AUTOMOBILE UABILrW
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE UABIUTY
--’-~ ANY AUTO
EXCESS UABILITY
~UMBRE~ FORM
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS’ LIABILITY
THE PROPRIETOR/I I INCLPARTNERS/EXECUTIVE
OFFICERS ARE:EXCL
OTHER
POLICY NUMBER
S YDT~CGZ169 5
ciTY OF PA
S TZI~O~K3 ~11
W6701316
POLICY EFFECTIVE
DATE (MM/DD/V~
o7/ol/1996
o7/oi/199a
ON.’TO
3 ! ’37
o7/ol/199a
POUCY EXPIRATION
DATE (MM/DD/YY)
07/01/1997
07/01/1997
07/01/1997
07/01/1997
UMITS
GENERAL AGGREGATE
PRODUCTS - COMPIOP AGG
PEP~ONAL & ADV INJURY
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
MED EXP (Any one person)
COMBINED SINGLE UMIT
BODILY INJURY(Per person)
BODILY INJURY(Per accident)
PROPERTY DAMAGE
AUTO ONLY - EA ACCIDENT
OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
EACH OCCURRENCE
AGGREGATE
WC STATU- OTH-TORY UM TS X ER
EL EACH ACCIDENT
ELDISEASE - POUCY UMIT
ELDISEASE - EA EMPLOYEE
1000000
1000000
1000000
1000000
300000
!0000
1000000
$
s 5000000
$5000000
$
s 1000000
s 1000000
s 1000000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL IYEMS
RE: INFRASTRUCTURE MANAGFJ~E~f SYSTEM
CITY OF PALO-ALTO, ET AL IS ~,MED ADDITIONAL INSURED
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE
CITY OF PALO ALTO
DEPARTMENT OF PUBLIC WORKS
P o BOX 10250
PALO ALTO, CA 9d303
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ~AIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
AUTHORIZED REPRESENTATIVE
EXHIBIT C"CL 6
(1 O-93
THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY.
CG20 10 1093
ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL UABILITY COVERAGE PART
This e~dorsement chang,,~s the pQ,,l,icY effective on the inception date of th,e policy unless another date
Endorsement effective Policy No.
57UUCGZ169512:01 A.M. standard time
Named Insured .ZLD~fSON ASSOCIATES Countersigned by
is indicated below.
SCHEDULE
(Authorized Representative
Name of Person or Organization:CITY OF PALO ALTO
DEPARTMENT OF PUBLIC WORKS
P 0 BOX 10250PALO ALTO, CA 94303
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured.
~: INFRASTRUCTURE MANAGEMENT SYSTEM
CITY OF PALO ALTO, ET AL IS I~AMED ADDITIONAL INSURED
CL 690 (10-93)
CL20 10 10 93 Copyright, Insurance Services Office, Inc., 1992 Pag~ 1 of 1
EXHIBIT
AFFIRMATIVE ACTION GUIDELINES
A.PRE-AWARD PHAS.E Q.F .CONTRACT
1, In ~ddition to the Certificate of Nondis6rimination required to be filed u.nder ¯
Section 2.30.090 of the Polo Alto Municipal Code |hereinafte~ ’:PAMC"), the
bidder shall complete a questionnaire furnished by the City ~tting forth the
affirmative actions the bidder has taken or will take to:
Recruit minorities in its location for all levels of jobs.
b, Select methods assuring equal employment opportunity for all
persons.
c. Establish a training progr.a.m for new hires..where necessary to assure
ample oppo.rtunity for the less qualified to more fully qualify,
d. Provide adequate opportunity for upgrading and further training to
assure equal opportunity in advancement and promotion.
e. Provide counselling service for all who may need help to advance,
especially new employees.
f. Educate supervisors regarding nondiscrimination practices.
2. In addition to furnishing the completed questionnaire called for under #1
above, each bidder for a construction or service project within the City shall
submit the following information for himself and subcontractors. This
information shall constitute the bidding contractor’s Minority Employment
Program (hereinafter "MEP"),
a. The estimated total number by Job classificatio.n of personnel who
shall be used by the contractor and each subcontractor in performance
of the contract. These numbers shall include the estimated breakdown
by one month for the life of the contract. No estimate furnished under
this sub.paragraph shall be construed or enforced asa hiring quota.
b. in preparing th.ese estimates it is expected the bidder will take, or
agree to take, these additional steps to assure affirmative action in the
field of minority.-employment.
¯(1). Recruiting for needed help.in the local areas inhabited by
minority members, including open advertising and use of various
Sheet 1 of 3
established public and private agencies. [Lists and advice
furnished by the Palo Alto Human Relations Council (hereinafter
P~,HRC)], ,
(2) Training those less qualified to assure adequate promotional
opportunities for all.
(3) Providing necessary counseling for upgrading, including use
of outside training facilities in this area (Lists available from the
PAHRC).
(4} Assigning an Equal Employment OpDortunity (EEO) coordinator
full time or as additional duty and assuring that all supervisors are
aware of their responsibilities and that union representatives
recognize their responsibilities in the equal employment program.
(5) Assuring that all subcontracto.rs are in compliance with the
federal and California state laws and regulations relating to
nondiscrimination.
(6) Where the contract is of sufficient duration, assuring
development of apprenticeship programs with union cooperation.
(7) Upon request, furnishing t;he City a copy of the latest Federal
Form EEO-1, or equivalent form.
(8) Pro.viding the name and address of all suppliers whose
supplies and/or equipment exceed 5% of the total supply cost for
each contract and subcontract for the performance of the
co~tract.
c. Any bidder not submitting an MEP shall not be defined, as a
"responsible bidder" and his bid shall be disregarded in the manner now
prescribed bythe City.
d. The City Manager will analyze the MEP submitted by each bidding
contractor with the objective of determining if the program submitted by
the contractor for himself and his subcontractors presents a reasonable
effort to further minority employment.
e. If the City Manager has questions about a particular bidder’s
proposal, he may address such questions to the bidder, The City
Manager will be available to answer questions relative o the guidelines
and to advise those seeking assistance of resources known to him, He
shall not be responsible for the service.or lack of service rendered by the
resources recommended, nor shall he be responsible for developing an
MEP for any bidder, or to serve as a recruiter for any bidder.
Sheet 2 of 3
f. Bidders sh.all be-allowed to revise their MEP ah:er consideration. If
bidders withdraw their MEP for revision, their revised program must be
resubmitted by a date which shall be established by the City Manager.
Bidders failing to have their revised MEP submit-ted by the established
date shall not be classified as a responsible bidder.
¯g. The City Manager, pursuant to the guidelines, shall make a decision
as ~o the responsibility of each bidder.
B.AWARD pH.ASE ,OF CONTRAC.T:
Upon award of the contract by the City, the recipient’s MEP which has been
approved and accepted by the City shall be anintegral part of the contract and subject
"to Section 2.30,093 of the PAMC, No contractor shall be deemed in material breach
of contract under PAMC Section 2.30,093 when he has made a reasonable and
substantial effort to comply wlth the MEP.
C,PQST-AWARD...PHA.~E OF CONTR.AC.T:
I
1. The contractor shall post in conspicuous’places, available to employees and
applicants for employment, notices to be provided, setting forth the law prohibiting
discrimination and advising, anyone who feels he is being discriminated against to
advise the FEPC.
2. The contractor shall make written progress reports on the performance of
his MEP at intervals established by the City Manager. The contractor, however, is
encouraged to submit written reports as often and when he deems it relevant to his
MEP,
3, The City Manager shall monitor the performance of the MEP .until
completion of the contract and will report to the PAHRC on the progress of the
contractor in living up to his MEP.
4. Any questions of possible breaching of MEP shall be discussed with the
contractor by the City Manager.
References
Resolutions No. 4144 and 4148
Palo Alto Municipal Code 2.30. 090
Ordinance No. 2420 ,
Sheet 3 of 3
ORDINANCE NO.
ORDINANCE. OF THE COUNCIL OF THE C:TY OF P~IO ALTO
AMENDING THZ P~0 ~T0 M~C~PAL CODE TO AD~
PROVISIONS REGARDING NONDIS~M~NATION ~N THE PER-
FORMANCZ OF CITY C0NT~CTS
The Council o2 the ~ity of Palo Altm does ORDAIN as follow$~
SECTION i. That Section 2.30.090 Of the Palo Alto Municipal
be amended to read as’ follows~
"2.30~090 Lowest ~esDonsible ~idder. L~ addition to price,in de~erminin~ the ""l~west resp~sib~’bidaer,’ "onslderaticn
will he given to quality and performance ~f ~he supplies tO
be purchased or services provided by the ~11~r. Cri~erla
for determining l~w bid 6hall include, but not b~ limited tothe following:
(i) The ability, capacity and skill"el ~he bidder, to
perfor~ ~he contract or prov~d~ the supplies or services
required.
or services promptly, or within the ~ime specified, without.
d~lay o~ interference.
(3) The character, integrity, reputation, jud@ment,
{4)- The ~uallty o~ hlddaE’a performance on previouspurchases o= ontracts w~th the city.
{5) The ability of the bidder to provide future main-
tenance, repair parts and services fo~ the use of %he supplies
{6) ~urr~nt compllance by the bidder with federal acts
and executive orders and State of California stanu~es govern-
ing the sub, act of nondi~crLmlnat~on in employment, provided
%hat th~ city manager shell =e~ognize as proo~ of noncompliance
only ~he final decisions and orders of those fade;a! and
state agencies empowered under the law to make such fihdings.
(7) Certification by the bidda~ that he wall pursue~n affirmative course of ~ct£ou as requi~ed by affirmative
action guidelines provided hereinafter-reasonably per~ainin~
to th~ ~crk o2 the contract and to the nature and ~izc of his
work ~orce, to ensure that applicants are sough~ and e~ployed,
and that ~mploye~s ere treated during ~mploym~nn, withou~
regard to their rac~, color, national origin or ancestry, o=religion.
(a) ~nder thissection, specific ~uidelines ~ill
be adopted by counc~l resolution from time to ~ime,
identifying the n~ture and scope of ’affirmative action’
(~) Such guidelines shall bn made available to
all person~ desiring to bid on e~ty business."
SECTXON ~. T~at Section 2.30.091 he added ~o %he Palo Alto
Municipal Cede to ;ea~ as follows:
"2.30.0~i Certificate of non~iscrlminatien. Each bidder
shall enclose with hi~ ~id ’a"her~ificate sta~i~g whether
he is currently in c~pliance with all federal and ~tate of
California law~ covering nondiscrimination in~mployment> and
that he will pursue an affirmative course ~f action as
by af~i~uativ~ action guidelines as ~et forth in
2.30.090 and r~solu~ions adopte~ puEsuant thereto, and ~hat
if awarded the Contract he will not ~is¢r~inate ~n the
plO~nt of any person un~r ~e ¢~n~=ac~ because Of ra~,
color, national origin cr ances~y, ~= rcllgion, of such
person~ and that hc will participate, £~ re~e~ed, in pr~-
s~ction. Tb~ requirements of ~his soction shall apply
~o =~n~rac~s ~n excess of five ~o~s~nd ~ollars foror for a =ombinntlon of s~rvic~s and suppliesl"
COMPLIANCE REPORT Non-Discrimination Provisions of Palo Alto
Contracts
IMPORTANT
This report must be completed by prime
contractor and each subcontractor.
Complete all items unless otherwise
Instructed. Use extra sheets if
necessary. SUBMIT ORIGINAL OF THIS
REPORT DIRECTLY TO;
City of Paio Alto
Public Works Engineering/Staff Secretary
Civic Center- 6th Floor
250 Hamilton Avenue
Palo Alto, CA 94301
Circle One: Prime Contractor
Part I Complete the Following:
Project
Telephone _ 415-981-1004
Name of person preparing form,
person to contact.
~a_tee ~l~ye~ Ext.# ......
Subcontractor
1, Full name and address of .firm.
or other reporting unit covered
by this report.
Adamson Associates
170 Coltmbus Avenue, Suite 301
Sam Francisco, CA 94133
2. Name and address of principal
official or manager, -->
3. Name and address of principal
office of company.
Peter Norris
Same address
4. Name and address of parent
company if an affiliated -->
corporation.
I
5. Name and address of prime
contractor (complete only if
this is a subcontractor’s
report.
6, Signature and title of
authorized representative.
--->
BY:
DATE:
~lm~on Cons~rttct::~on Servic:es, Inc.
170 Columbus Avenue, Suite 301
San l~anc.~co, C~ 94133
Part III
1~ No
2.G No
3. Yes 0
Attach a sl~a’~ement of your company’s policy on equal employment
opportunity to all persons without regard to race, creed, color, national
origin, or ancestry, and describe what steps have been taken to put this
policy into effect.
Circle the Proper Answer.
Have you informed company officials and representatives regarding the.
non-discrimination provisions of City of Pale Alto Contracts?
Have you examined your company’s practices regarding assignments,
layoffs or transfers of your employees from one job to another for
evidence of a practice or employment pattern that might appear to be:
discriminatory and based upon sex, race, Color, ancestry, religion or
national origin or disability? Are they no.n-discriminato~?
Do you have educational or training programs sponsored or financed for
the benefit of employees or. prospective, employees,
a,~ How many people participate in these programs?
b.~ How many are minorities?
Does. your help wanted advertising state chat you are an equal
opportuniW employer?
Are any apprentices obtained from so, urces outside the employe.r’s work
force? If yes; have you circulated Information about apprenticeship
openings or opportunit.ies to the following.
Yes No State Employment Offices
Yes No Newspapers or other media
Yes No
Yes No
High Schools, including those in minority group areas.
Local trade or vocational schools,, including those with
minority group students.
Yes No Agencies and/or organization specializing in minoriW
employment.
-2-
Yes No Federal or State apprenticeship representatives.
Who?
No
Others
If you are a prime contractor have &il subcontractors covered by these
compliance inspection reports been instructed as to their contractual
obligationd relating to non-discrimination provisions of City of Palo Alto
Contracts?
Explain
7. Yes No Have all recruitment sources been advised that all qualified applicants
will receive consideration for employment without regard to sex, race,
color, ancestry, religion, national origin, or disability?
Identify (names and addresses) the employment agencies, personnel
recruitment organizations, newspaper advertising or other non-union
sources from which the company recruits its personnel.
Part IV
1. Yes 1~ Have you a collective bargaining agreement with a labor union or other
organization?
If yes, specify the Union(s) or organization(s)
-3-
-2. Yes No Have you advised the labor union, and/or worker organization of the
company’s responsibility under the n0n-discrimination provisions of City
contracts.
Approximately. what percentage of your employees covered by union
agreements are referred by or hired through the unions?
Explain procedure for hiring balance.
4. Yes
5, Yes
No Does the company’s collective bargaining agreement or other contract
or understanding with a labor union (or unions) or other worker’s
organization include a provision for non-discrimination in employment?
No Is there any labor union or worker’s organization policy which prevents
you from fulfilling your obligations under the non-discrimination
provisions of City contracts? if so, specify .......
6.. Yes No Specify the trade(s} .or craft(s) involved in this contract,
Use this space for comment on any answers you have supplied.
Pa~ ZIZ qo 3
ge lmve :Ln~e~nsl training fo~ all s~aff~ p~o~ded dur~n~ vO~k~u~
hou~s. All staff typically a~±ud. We do nou sponsor or flnan~e
external ~rai~ings,
Z~0/TT01~
DATE: January IO) 1997
Name of Firm
Project Name
Contract # _~
RACIAL MAKEUP OF REPORTING UNIT
Adamson Associates .Submitted by. Alice Nguyen
Parks Managemen~ Study
(Indicate only for monthly report, No. 3}
Three types of breakdown are required. This form is used for all three. (Check)
( ) -1- Permanent makeup of co~npany,( ) -2- Estimated makeup for this project.
( ) -3- Monthly report for.19~. Submit once per month for duration of project.
I = Permanent.2 = Estimate for project.3 -- Monthly only.
Be sure to include ~ employees in first column, not just minorities. Nos. 1 end 2 below are required to be
filled in and submitted with Compliance Report.
JOB CATEGORIESI lemDlovees Fern.pie ...I Black, ..... American Indian Surnamed
1 121 3 1 2 1"3 .,1 2 3 1 2 ..I 3 ,1 i 21 3
Management ......~~t ........
Pr_ofessionals 11 2
.Cleric~!.-0ffice 5 5 ....2 .........
Field SuPervisor ..............
Skille_d - list ,
b,
d,
Unskilled - list
a,
b.
C,
d.
I1874TOTAL OF ABOVE
The data b~low ~hould also by Included in the a[mronriate cateaories....ab0v¢,
_On Job Tr~inin9o.w.,,,, c,o,,o;, I 1 I I I ! ,, I ......I ¯ ! ! I I i ! ......i ! ,i !
This report must be completed by contractor and each subcontractor.
The term "Spanish Surnamed" includes all persons of Mexican, Puerto .Rican, Cuban, Latin American or
Spanish origin.
Report only employees enrolled in formal on-the-job training programs.
-5-
Z6"/OT/TO